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qight be, would be made ameaablé io the law, he felt per- | fectly satisfied to leave the desision of the matter in the hands | of the Comm'ttee, confidcnt thit they would do justice ke-

tween himself and the late opposing Candidate. On repairing | to the Court fcuse on the day of declaration, he found the | poll book open, aud the sea’s broken. The Deputy Sherif | informed him, that it had happened accidentally. He then, | in presence of some friends, whom he called as witnesses, | stated that he would be satisfied w.th the explanation, if the book agreed with that kept by his own clerk. On examina- tion they were found to correspond. [fe, on that occasion, | objected to some? spevia! votes given for Mr. Davies; that geatleman, or his agent, did not object to any,—be had sworn some votes, bat did not object after they had taken their oaths ; yet thes> very votes were marked as objected in the pol! book. As only four votes given for him had been marked objacted, be did not think it worth while ts object to those of his opponent, as allowing that the whole number was struck off he would still have a mijority.

Ylon. Mr. Yeo was present on te occas oa referred to, and was positive no scrutiny was demanded. Mr. John Ram- eny was also preseut, as Mr. Davies’ agent, and made no such demand. He was satisfied that the Hon. the Speaker was legally elected.

Hon. Mr. Cotxs—There must ba some mistake, as a pro- test against the return of the Hon. tho Speaker had been eatered within tae hour after declaration, embodying the same objections as those set forth in the petition. There- fore, the inference was, that the objections preceded the protest. That protest, he presumed, would be found in the Sheriff ’s book, returned to the Colonial Secretary’s Office. As the law required that the books must be unsealed, and the votes added up, and the result declared in open court, it was not probable that the Sheriff would attempt, or if the at- tempt were mede, could not succeed in falsifying the record in presence of numbers of people, among whom would be found the Candidates and their repie-entatives, who would readily wotice any such attempt. After declaration, an hour was given for demand of scrutiny. If, therefore, the poll books coincided when compared, as the Hon. Speaker had stated, they must have been altered subsequently. It appeared by the book hefore them, that 26 votes in favor of the Hon. Speaker had been objected to, and but six of Mr. Davies's, the majority of the former was but eight. In the present position of the matter, he considered that the Committee could onty take the book as they found it before them, and then send for the Sheriff and poll clerk, and examine them on Oath at the bar of the House. He hoped that the matter | of the alleged improper alteration would be thoroughly sifted, | and whoever was guilty of utmost extent of the law.

Hon. Speaker—Although the declaration was made in! subsequently investigated. Ile re-| member, Mr. Sinclair, for the candid expression of opinion

open Court, the petitioners remained near the door.

‘an accusation against the Sheri

Mr. Coles, to the effect, that there was no opportunity of altering the poll book during the hour after the declaration, |

he differed from him on that point. He was present at - Court House at St. Eleanor’s on the day of declaration, : | had left the Court House in company with the Hon. Spea . and other gentlemen, to take dinner at Mr. Ness's ee there was ample opportunity to falsify the book during their absence. He did not, by those ob#ervations, intend to convey ff, or any particular individual, because he was not in a position to prove who was the guilty « rt s : i Mr. Tuorxron would not enter into consideration of the technical objections which had been taken to the oan in the Sheriff's poll book. From what had fallen from the hon. member, Mr. Sinclair, and from his own observation of the book, which certainly did not present the appearance | which it ought to have done, be had strong doubts of the authenticity of its contents. Had the votes been objected to, and so marked at the time, there would have been no occasion for the apparent interpolations of the letters * obj,” which did not appear to bim to have been inserted at the proper time, or in the proper manner. There was plenty of space be- tween the different columns of the book to have inserted all the various observations which the law required, without abbreviation. :

Mr. Connor - was satisfied that the abbreviation “ obj” for “ gbjected” had been crowded in subsequently to the time of entering the respective votes. As he believed that an attempt had been made to falsify the book, he thought it moat im- portant and desirable that the guilty parties should be dis- covered and puuished.

Hon. Mr. \ores—The petitioners complained that they could not institute a scrutiny, on account of the eae of the electors not having been taken down. No less than 140 electors had declared themselves aggrieved at this omission, and even the Speaker's own book did not contain the qualifications referred to.

Hon. Spraker—No request was made to have the qualifi- cations recorded. . ;

Hon. Mr. Havirasp—One thing was evident beyond dis- pute—it was impos-ible to believe’that the letters te ghj” were placed in the book at the same time as the entries “ sworn. The latter were written in full, and in a comparatively larger band, very different from the style in which the other abbre- viated entries were made. With reference to the non appear- ance of the particulars of the qualifications of electors in the book, even if the returning officer had been requested to re- cord them, and had done so, yet they could not be scrutinized, unless they had been objected to, and the entry of the ob-

ch couduct, be punished to the | jection made as the law required, by the word * objected” in

Unless such had been done, the votes could not be He gave eredit to the hon.

full.

mained some time after the declaration, then went out, and | which he bad given. He joined in the wish for the detection

on his return found that a protest had been entered in his absence. The principal portion of the audience also went out; he could not, of course, say what had taken place during that period of time, it was not done in presence of many people,

Hon. Col. Gray was surprised to find, by reference to the poll book, that numerous interpolations hud been made in the Sheriff's poll book ; and while the word “ objected” was not to be found recorded in the bcok kept by the Lon. Speaker's clerk, there were no less than ten consecutive votes, purport- ing to be objected, found in the other. Was such a discre- pancy likely to be caused unintentionally, or through inad- vertence? fle bad ran two elections, and he knew that his clerk recorded all the objections which were taken down by the returning officer. Another remarkable feature was the fact which justified him io asserting that the Sheriff's book contained interpolations, viz: that while the law prescribed that the vote should be marked “ objected,” the instances to which he refered consisted of a mere abbreviation of the word, and several of them were written across part of the word ‘' sworn,” shewing that the additions had been made to the contents of the book after the first entry. He most eordially azreed in the desire expressed that the guilty per- petrators of the fraud should be detected, and punished to such a degree as effectually to deter others from following the wicked example. If such practises were suffered to go uppuuished, there would be no security for the scat of any hon. member.

M-. Ccorrr—It was admitted that some objections had been made, otherwise no votes would have been sworn; but as no particulars of qualification were taken down, parties could not ascertain the right to vote in each case.

Hlon. Mr. Lonawontn expressed his conviction that a henious offence had been committed. He had no doubt that fraudu’ent additions had been made to the Sheriff’s book. The word “ objected” was not written in full, as it should have been, but merely the letters « obj’ in small size, because there was not space for more at the time of the addition Apart from that objection, the petitioners did not allege that the Returning Officer had been requested to record the particulars of qualific:tion. That being the case, their ap- plication must fall to the ground, for the law was very previse on that head—for the Candidate against whom the vote is tendered is to question the vote, and direct the Sheriff to the enter qualifi ation, and record the name as * ob- jected.” It is not necessary to record the qualification un- less @ request to that effet should have been made ; and no difficulty could arise from that, as the entry of the word “objected” wos all that was Tequisite to a scrutiny. The allegation in the petition that no serutiny could be held tor want of the specification of qualification, was false, and there Was nothing to bar the right to a ecrutiny. He trusted that the Hon. Speaker would cause a thorough investigation to be instituted before the proper tribunal.

Hon. Mr. Cores—The form of affidavit prescribed by.the election law proved, by necessary implication, that the quali- fication should be specified, and taken down by the returning officer, for he is compelled to swear to his qualification, “ as taken down in the po!l book and read to him.” Therefore tho electors must be supposed to have sworn falsely, if the qualification wis mot taken down, or they must have been very remiss. The whole proccelinzs appeared to have been — very irregularly.

f. SINCLAIR, iu justics to his hon. colleag:

to state the truth on the su'ject, more eetaipanieten been personally referred to by the Alon. Speaker. He was sarprised at the appearance of the poll beok. He would not presuine to say what was the precise number of votes objected to at the day of election, but could not Suppress the expression of his Opinion, that some names appeired now as objected to #9 waich no objection had been mae at the time of voting. The votes of those electors who were sworn, were marked go ; but it might be that the poll clerk may have thought it hia Wp ee mark each sworn vote as objected. The appearance . Pe certainly suggested to his mind doubts as to its e ; ity. Having been present at the Court on the day of declaration. he could not well have avoided hearing an request to record any vote ag objected, if such had “8 made. He sincerely trusted that a searching investigati would be made, and that the parties guilty of eanibvention ee be punished. PS ee

lon. Mr. Cones—It was usual, and rea

ane of the voter's qualificatioa oy wind =o

Mr. Howat deni i ; i went, such was eee ‘he Cobake heme

— officer to administer the oath, after wioeh if med ot . =. none it marked “ objected,” as the foundation

| ay. As to what had been eaid by the Hon. |

i

and punishment of the guilty party, whoever he might be.

Hon. Mr. Patmer had read the petition, and could see nothing in the petition to warrant the investigation sought for, It is required that every euch petition should set forth | 'reasons in support of its allegations. The one under con- sideration did nothing of the sort. It merely expressed the opinion of the petitioners themselves. How was the [louse ‘to decide on the sufficiency of these reasons to set aside the ‘election? The House cannot tell what were the illegalities complained of. Had specitic charges of violation of the law been made, the duty of the House would be to decide whether, | if substantiated, they would be sufficient to invalidate the ‘e'ection—if so considered they could then go into the con- ‘sideration of them. The petitioners did not say that they demanded a serutiny. The law preseribed that sach demand must be made within the hour afier declaration. Had such ‘demand been mada, the petitioners wou!d doubtless have ‘stated it. It was the duty of either Can ‘idate to demand \that the qualification of an adverse elector be recorded, and to sce that it was dove,—it was not the province of the / Candidate for whom the vote was given. Im this case it ‘appeared that no suc d maod, nor one for a serutiny, had been made; so that it was uauecessary to occupy the House ‘in an enquiry which could have no practical result. The petitioners allege that a protest was presented to the Sheriff

—that was a document of no effect whatever. It was quite junnecoseary. It is of use to protest iu such a case as that | of the improper reception of evidence by the Sheriff, but a |protest on the day of election could reserve or confer no ‘right. If the returning officer, or his poll clerk, have been guilty of om'ssion of duty, the petitioners might well come to the House; but there was no case before the House on ‘which they could take action. He concluded by expressing ‘his conviction that the poll book had been falsified, and he based that conviction on the same grounds as other hon. members who had spoken on the subject.

Hon. Mr. Tuornton thought that the gentlemen of the long robe were determined to have an argument on whatever sub- ject came before the house. When they had a bad cuse, they wished to make it good ; when they had a good one, they could not rest with endeavouring to make it better. He agreed that there was no ground on which the House could be justified in going into a scrutiny. The first question was, what yote were they to scrutinize? If the Sheriff could not do so, how could the House? He had previously expressed his opinion of the suspicious appearance of the poll book, but after what had fallen from the hon. member, Mr. Sinclair, he was prepared, without further argument, to suprort the motion which had been made, that the Speaker take the chair.

Mr. Sinctarm liked to see all matters argued fairly and im- partially. The hon. member, Mr. Palmer, had he read the petition fully, would have seen that the petitioners specified particular causes as to the groundwork of their comiplaint— for they state that votes questioned, and marked objected, had ‘not been so recorded—as required by law. His main objections .were to the poll book itself.

The Committee then rose without reporting.

W. M. Hows, Reporter.

LEGISLATIVE COUNCIL.

Monpar, 25th April, 1859. BEBATE ON THE FISHERY RESERVE QUESTION.

(His Honor the President’s Speech Continued.)

The second, third, and fourth olauses of the Bill, only fuither provide, on the same obvious principles of reason and justice, for the carrying out, in different cases, of the one object @f the Bill,—the relieving of tenants from their liability to rent for Fishery Reserves,—whilst, at the same ‘time, most carefully guarding against giving to such tenants any right or power to impugn their landlords’ titles to any lands not being Fishery Reserves.

The fifth clause properly provides that the right of the Government to such Fishery Reserves shall not in any way ,be affected by the Act; and how, with anything like due consideration of this clause, Sir Edward Bulwer Lytton could arrive at the conclusion that the Bill merely provides for the abolition of the claims of the proprietors to the Fishery Reserves by bestowing them upon the Tenants, I cannot possibly, for one moment imagive. In fact, for Sir | | Edward’s enunciation of this opinion, I cannot account on | apy other supposition than that of his having. consented,

aring him | without due investigation of facts, to adopt the views con-

grants of the said Townships shall be plac it shall appear that such grants contain a reserva to, or to the same effect, recited in te preamble of this Act, then the land me and-reserved in and by any euch grant, so to be reco aforesaid, shall be subject to all and every the enactments and provisions in this Act contained.” ‘he sixth and last clause of this Act provides ‘ that it sball not go into force or operat _ Her assent hunt shall be sebats and notification thereof published in the Royal Gazette newspaper of this Island.

His Honor (Mr. Johnson) having professed almost entire ignorance of the nature of the Fishery Reserves question and of the facts and interests involved therein, and having, at the same time, expressed a desire to be better infurmed upon the subject and to be made acquainted with the reasons which induced the Legislature to pass the Bill intituled An Act relating to the Fishery Reserves, and the Government to send it heme for Her Majesty’s assent,—in my very sincere desire to satisfy His Honor, I have, perhaps, been rather more prolix than some of your Honors may have thought it was necessary I should be. If so, the cbject which L have had in view will, however, I trust, successfully plead my excuse. The reasons which induced the Govern- mnevt to introduce and the Legislature to pass the Bill, I have, I believe, stated correctly ; and sounder or better,— plain and simple as they are,—have scarcely ever, 1 think, in any case, influenced legislators~ The Bill, had it been allowed to go into operation, would have been only a simple act, a simple concession, of justice to the tenants who have had ineluded;“under rent, in their leases, any parts of the Fishery Reserves or lands which belong to the Crown, or rather, now to the Government of this Island, which has the sole contro! and management of them ; and all its enactwents and provisions have been framed up-n principles so perfectly in accordance with reason and justice, that—I again repeat it—I cannot possibly conceive how any public man, professing, as respects his public acts and decisions, to be governed by principles of sound reason and impartial justice, could, unless through adventitious or undue bias of judgment, give his voice against such a measure.

His Honor o» my right (Hon. Colonel Swabey) has distantly adverted to animadversions which have been made elsewhere, not only without, but within, the wails of this building, relative to the copatitution of this House and its individual composition. With any remarks, made with the intention of impugnirg the legislative character of this House for integrity aud efficiency, in which individuals outside may choose to iadulge, under what pretence soever they may be uttered, we can here have nothing to do; and neither can we, without a positively gratuitous sacrifice of self-respect, vouchsafe reply. Our legislative acts are not only duly reecrded, but duly made public also ; and, by the estimation in which these acts are held by the thinking, intelligent, and discriminating portion of the community, must our legislative charaeter be established, as entitled to honor, or deserving reprobation. None, as we well know, are found perfect, whether they be tried in their individual or in their collective capacity; but although, as legislators, we may, at times, have erred in judgment, [ am happy to think that we can safely point to the records of our public acts, and ask the intelligent and candid whether these tecords do not afford the most satisfactory and convineing evidence, that the improvement of the gocial and political condition of the people, the protection and extension of their natural and constitutional rights and liberties, and the advancement of ail their real interests, have ever been the peculiar objects of all our deliberations and resolutions. As respects what may be said in another Branch of the Legislature, in the course of debate, by any of its members, derogatory to the legislative dignity and character of this House, the case, in some points of view, is widely different. If members of another Hlouse so far forget that self-respect by which men in their position should be governed, if they so far disregard parliamentary courtesies and decorum, as, when speaking of this House, either collectively or individually, to asperse them in their legislative capacity and characters, in language the most unparliamentary and ungentlemanly, as some of Your Honors now present bave, I uuderstand, heard them do,—the only course, with reference to such unbecoming and unprovoked breaches of parliamentary propricty, which we can feel at liberty to pursue,—as I am sure Your Honors will all most readily admit—is, whilst both condemning and deploring that unjust and ungenerous spirit in which they seem to have their origin, most carefully, most guardedly to avoid, in the course of our own debates and deliberations every expression or word which might justly, although only for a moment, lay us under the imputation of being governed by any such motives or principles as those, the manifestation of which in another quarter we at once censure and regret. Your Honors must be aware that, in thus expressing royself, I am by no means merely simulating a moderation by which, as the President of this House, I have not hitherto been governed. Qn the contrary, I have never myself, in any of our debates or discussions, as Your Honors I am satisfied will bear me witness, indulged in any reflections injuriously affecting either the private or the public character of any individual member either of the Executive or of the Legislature; and neither, on any occasion when, through momentary inadvertence, any of Your Honors may have been on the poiat of lapsing from parliamentary propriety, have [ failed to make the admonitory call to order,—a call, to which the most prompt and cheerful acquiescence has ever been accorded. But, Your Honors, when, after long and deliberate preparation, a direct attack is made, by a majority in another House, upon our clearly defiued and well established constitutional rights and privileges as a Branch of the Legislature, and no recognition of our existence as such which can, by any possibility, be avoided is accorded to us by that ruling majority, it is time, high time. indeed, to assert the dignity and independence of our position; and never, when such attempts to defraud us of our due constitutional weight and importance, as the Upper House of the Legisla- ture, are brought immediately before us, and are properly under our consideration, will 1 fail individually to use my best endeavours to repel and defeat them, or hesitate to make manifest, according to the best of my ability, the insidious and dangerous character of the designs which they ure intended ultimately to effect; and neither, I am certain will your Honors fail to interpose every constitutional

ed on record, and | say it shall not become law. ) 5 oe tion similar | political convictions of the majority of this House sball eal] as the reservation set forth and upon them to oppose the general or ruling policy of the party ntioned |now in the ascendant, so long, to them, must an open, rded as straight-forward, and uncompromising persistence ia @ course

P

So long as the conscientious

of opposition to that policy be the evident, the unmistakable ath of public duty ; and in it, I doubt not,"they will steadily, honestly, and honorably persevere ; for their continuance ig

on until Her Majesty’s| such a course of opposition, is quite compatible with theiz full recognition of the mejits of any legislative measure —

proceeding from that party which may evidently be for the public good ; and every measure of that character which they may send up to this House, will, I am certain, be most readily and cordially entertained by your Honors. As yet the dominant party have not gone so far a8 to call upon us to sanction, by legislative enactment, the infraction or disruption of the compact entered into by and between Her Majesty and the Legislature of this Colony, in 185]; but they i really done much worse ‘By that compaot Departmental Government, av at the time in practice in Nova Scotia, New Brunswick, and Canada, was established in this Colony ; that is Responsible Government was, by that com- pact, conceded to the people of P. E. Island, on the very priveiples on which Parliamentary or Responsible Govern- ment subsists in Great Britain, acd in that form, and according to that system, in which alone any real or direct responsibility to the people has been found, or can be made, to exist—government by heads of departments, having seats in the legislature, and the chief or major portion of them in. the popular branch, having been confirmed in their official appointments by the approbation of their several constituencies,

R. B. Irvine, Reporter. (To be Continued.)

Che Examiner.

SIR DOMINICK’S PROTEST.

Tus following is the document referred to in our last

No., which was entered on the Minutes of the Executive ©

Council by the late Lieut. Governor, Sir D. Daly, in which he gives the grounds of his dissent to the change recently introduced into the Government of this Island. The reasons for dissenting to the change are very forcibly but concisely put, and were it not for the very embarrassing position ia which Sir Dominick would be placed, with respect to the finanoial affairs of the Coloay, we believe that he would have risked another dissolution, rather than submit to the uncon- stitutionn] proceedings to which he has so emphatically given his dissent.

EXTRACT FROM THE MINUT#S OF THE EXECUTIVE COUNCIL, * Councit CuamBer, 8rd May, 1859. “ Ata Meeting of the Council,

PRESENT :

*« His Excellency the Lieutenant Qoveraor, &., &o., &2.

‘* His Excellency laid before the Board a Memorandum, which was ordered to be entered on the Minutes, and the same was read, and is as followeth :

‘1 deem it necessary to record on the Minutes of the Execu- Council, in order to guard against future misapprehension, the grounds of the opinion which I entertain with reference to the exclusion of all Office-holders from both Houses of the Legislature, and consequently from the Exeeutive Couneil ; and also my reasons for having acquiesced in the adoption of that principle in tho formation of the present Executive Council.

‘I consider the change ef system to be unwise and impolitie, for the tollowing among other reasons :-—

‘ Because the absence of the heads of Departments from the Executive Council deprives it of much of its efficiency.

‘ Because, in the same proportion, the utility of the Exece- tive Council to the Lieutenant Governor and the other branches of the Legislature is diminished.

‘ Because experience has ever shown that it is not consistent with the best interests of a Government, that onerous and im- portant public duties should be performed gratuitously.

‘ And, lastly, because the change is directly at variance with the great model afforded by the British Constitution upon which all Her Majesty’s Colonial Possessions in the en- joyment of free institutions, have striven, as far as practicable, to construct their respective Governments—a course which experience has shown to be that which is best calculated to promote the welfare and contentment of the people, which is manifested by its successful operation in the neighbouring nary wuzes

‘ In acquiescing in the exclusion of the headsof the princi Departments from the Legislature, and consequently oe Executive Council, I have been solely actuated by a desire to maintain the harmonious action between the Executive and nore authorities, which is so essential to the general welfare—by permitting the trial of an experiment, (for-such I must consider it,) and trusting to the effect of experience and the increasing intelligence of the constituencies, to discover at no distant period that this change is not an improvement in any sense ; and that there is more wisdom in endeavouring to render a well-known and tried system applicable to the circumstances of the Colony than in seeking for improvement from the introduction of changes unsupported by the test of experiance, and being, as I believe, without any precedent that would justify their permanent adoption.

(Signed) ‘D. Daty, Lieut. Governor.’?’

*2e<om >-

THE HON. COL. GRAY’S SETTLEMENT OF THE LAND QUESTION,

Tue resolutions proposed by the Hon. Col. Grav when the House of Assembly was in Committee on the despatches sent down by the Governor, will be found in our present No. amongst the Parliamentary reports. A very hasty perusal

_willenable the reader who has not yet seen them to arrive at

a just estimate of their merits, and we imagine that he will net be slow in coming to the conclusion that he has seldom if ever read more bunkum upon any important question

oe

The preamble—which occupies nearly as much space as the

barrier to any arrogant assumption of misconceived authority,

be sent up to ue, for our concurrence, by the majority of the House of Assembly, much as [ am opposed to the views and principles on which they base their power ; and neither, moment in which any measure shal!

political Crown of “a discreet and i

I trust, will any of your Honors. But the o- | with this Island,’’ to act as Co

be laid before us, the |

resolutions to which~it purports to bea preface — contains

aud to every attempt at encroachment upon our parliamentary | nothing more than a fe i

power or privileges, which may auieteiae aekebaal hom ‘the Seeieen pay mise lagen pts an overweening majority in another House. [ shall never’ with abu make any factious oppositions to the party now in power ; oid and vever will I, to promote any merely party views or designs, offer opposition to the pas-age through this House. accordance with the views of the Land Proprietors, abound- ot any good and wholesome legislative measure which may ing in false premises, and conseque

nt might make in a hustings speech, seasoned f those who have advocated the claims of the tenantry, or proposed any measure that was not perfectly ia

illogical conclusions. appointment by the reson, not connected oner, to negotiate witk the proprietors for an abatement of the tenants’ arrears of

The first resolution recom

object of which is the disruption or violation of the compact Tet» and for the agreement to such terms as will enable the into which the Legislature of this Island entered with Her latter to become freeholders without infringing upon the rights

Majesty when she was graciously pleased to concede to us the of the landlo establishment of Respoasible or Departmental Governmeat—

rds, &c.—So long as the Colonial Office is under

cerning it which the proprietors, with no regard for anything that very woment will it be our duty to become positively | tbe tnfuence of Sir Samuel Cunard, and other absentee Pro-

but their own interests, had anxiously endeavoured to insti! obstructive, to la . | ; y our hands upon the meas.re, to arrest | Grants for Townships Numbers 8, 12, 20, its progress, and,—in the hatiieabs exercise of that | are not.on record in this Island; and the independent power and judgment with which the constitution ™!8sioner independent of proprietary control.

into his mind, 20, 44, and 46 sixth olause of the Bill therefore provides —

‘That if, at apy time after tlie passing of this Act, any | popular and the executive branches of the

prietors, with respect to the affairs of this island, itis all folly to suppose that any person could be appointed as Com- The idea of

has invested us, for holding the even balance between the making the tenants freeholders on such terms as may bo Legislature,—to | agreed upon by the proprictors and their nominated Comanis

Pea Tapers